3 Different CA's on one Debt, Who gets named in the ITS letter?

Discussion in 'Credit Talk' started by Kameleon, Feb 8, 2013.

  1. Kameleon

    Kameleon Well-Known Member

    I'm sorry but i think it would be best to ask this without naming names...

    I have 3 Different CA's to deal with for ONE debt!
    OC reported until 2009 - DV CRA's, it came back verified with some late pays corrected.
    SOL is up in 2016.

    Issue with CA#1 & CA#2:
    CA#1 - has been reporting (never got any notice from them) - Oct,2011- Feb,2013
    CA#2 - CA#1 Hired CA#2 to collect, Got a notice from CA#2 stating this and i DV them, they ignored so far and violated by sending me another request for payment a week after CMRRR was signed!
    CA#2 - is NOT on my credit report, yet!

    -> 1) Can i send and Intent to sue (ITS) letter to this 2nd CA & name them and their client CA#1 for violating FDCPA by continuing collection efforts after i mailed disputed? Is it allowed to name both? or only one (which one)?

    -> 2) Also I was thinking to send a letter to CA#1 asking CA#1 to let me deal with them directly since the agency they hired seems incompetent and unwilling to respond to my request for Validation under FDCPA.....And instead for CA#1 to "take the debt back" and to "properly validate" this debt as i have reason to believe no such debt actually exists due to the hired CA#2's actions or lack of actions.... Warning that if CA#1 refuses they would likely to be named in my ITS since they are the client on file. (which i could send them a copy of all transactions with CA#2 and a copy of the ITS letter of as well)

    What do you think? Overkill?? (trying to get everything into one letter to save $ from sending CMMR, i'd be $10-$15 in CMRRR costs fighting a debt that is supposedly $186 !!!)


    Issues with CA #3
    CA #3 - On my last credit report pull I found another company that has been reporting this collection since 2009 - Jan,2013. The High balance & remarks on my CR matches the OC for the above mentioned debt.

    1) They are STILL reporting.... as of Jan 2013 (which is overlapping with what CA#1 is reporting.....) But has CA#3 also has never sent me a notice....

    2) The amount in collection / Balance due is reporting 10x higher than what CA#1 & CA#2 are asking for as "FULL PAYMENT" and also what they are reporting to the CRA's

    3) It looks like 2 active debts for the same OC on the same old account BUT the $ due are MASSIVELY different and i don't know which is the right one at all.....How do i navigate this without screwing myself over? CRA verify then ITS Letter for them posting the wrong balance due all these years?

    Something is very wrong here! Obviously ultimately i would like to have no one validate and have this go away. But then i would much rather a smaller amount validate than a much larger one. But it would also be nice to use the differences in reporting from 2 different CA's to get proof this is all wrong and have everything deleted by the CRA Or best yet, sue someone and have them send me a Check for verifying false information & wasting my time....=)

    Anyone been in the scenario before or have any insight?

    P.S.
    If you've read through this whole post, THANK YOU. Your insight would be much appreciated!

    Thanks,
     
  2. jam237

    jam237 Well-Known Member

    Kam:

    I say sue them all, individually.

    1) within 5 days, they are required to provide the req notices.
    2) continued collection activity.
    3) false & misleading representation of legal status of debt; reporting false credit information.
     

Share This Page